Spirit Lake Nation sues Benson County North Dakota over its redistricting plan

The Spirit Lake Nation and two tribal members sued Benson County North Dakota, alleging that the county’s at-large redistricting plan: (1) discriminates against Native American voters by unlawfully diluting their voting strength in violation of Section 2 of the Voting Rights Act; and (2) violates a 2000 consent decree in which the county was prohibited from ever implementing an at-large method of election.  Here is the Complaint:

More information on the case here.

Ninth Circuit Materials in Tribal Challenge to Seattle’s Dams

Here are the briefs in Sauk-Suiattle Indian Tribe v. City of Seattle:

Lower court materials here.

Decision in Western Native Voice et al. v. Jacobsen (voting rights)

After a two week trial, on September 30, 2022, a Montana court struck down as unconstitutional two state laws that hinder Native participation in the state’s electoral process. HB 176 eliminated Election Day registration, which reservation voters disproportionately rely upon to cast votes in Montana. HB 530 prohibited paid third-party ballot assistance, a service that aids Native voters living on reservations. The court ruled that the laws violate provisions of the Montana Constitution, including the right to vote, equal protection, free speech, and due process.

The 199 page order is here:

More background and information on the case can be seen here.

Penn Law/Field Center Session on the Origins and History of the Indian Child Welfare Act

Here:

Next session is December 1:

Long Conference Update: SCOTUS Denies Cert in a Several Indian Law Cases

Here is yesterday’s order list.

1. The Court denied cert in Acres v. Marston, part of a longstanding — and by now patently ridiculous — effort by a nonmember to punish an Indian tribe’s employees for working at the tribe. The petition is here (the respondent’s waived the right to respond):

2. The Court also denied cert in Mill Bay Members Assn. v. United States, another petition related to a longstanding effort by nonmembers to punish an Indian tribe for existing, this time by suing the federal government. The petition is here (the government waived the right to respond):

3. The Court also denied cert in Becker v. Ute Indian Tribe, a case about tribal exhaustion with a plausible, if weak, circuit split — perhaps, again, because this is a longstanding, ridiculous dispute between a nonmember and tribe (both sides ridiculous this time). The cert stage briefs are here.

4. The Court, finally, denied cert in Quaempts v. Lopez, an unremarkable sovereign immunity matter.

Having fun with DALL-E: “Darth Vader arguing with a tribal judge about fish.”

UM and MSU Students Visit LTBB Rez

Eric Hemenway addressing students near the site of Holy Childhood Indian boarding school in Harbor Springs.
At the Council of Trees near Greensky Hill Indian Mission.
The old cemetery at Greensky (church in the background).

Arizona Federal Court Dismisses Navajo Suit Challenging Implementation of Navajo-Hopi Settlement Act of 1974 [updated]

Here are the materials in Navajo Nation v. Office of Navajo and Hopi Indian Relocation (D. Ariz.):

Updated materials:

36 First Amended Complaint

43 Motion to Dismiss